Political News and Commentary with the Right Perspective. NAVIGATION
  • Front Page
  • News
  • Multimedia
  • Tags
  • RSS Feed

  • Advertise on RightMichigan.com


    Get the RightMighigan.com toolbar!



    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

    Can Alton Davis Even Be Nominated for the 2010 Election?

    By JGillman, Section News
    Posted on Wed Sep 01, 2010 at 07:35:54 PM EST
    Tags: Michigan, Supreme Court, Alton Davis, Justice, Eligibility, Constitution (all tags)

    Really..  Can he?

    Unless.. he had ALREADY filed the affidavit prior to his commission by governor Granholm?  From the Michigan Constitution:

    § 2 Justices of the supreme court; number, term, nomination, election.

    Sec. 2. The supreme court shall consist of seven justices elected at non-partisan elections as provided by law. The term of office shall be eight years and not more than two terms of office shall expire at the same time. Nominations for justices of the supreme court shall be in the manner prescribed by law. Any incumbent justice whose term is to expire may become a candidate for re-election by filing an affidavit of candidacy, in the form and manner prescribed by law, not less than 180 days prior to the expiration of his term.

    It is 121 Days till the end of his term... His appointment to fill the remaining term was 6 days ago..

    Am I reading this wrong?

    < Welcome to the High Court, Mr. Davis | Republican's First 100 Days >

    Share This: Digg! StumbleUpon del.icio.us reddit reddit

    Display: Sort:
    Yes, I think he can. (none / 0) (#1)
    by The Wizard of Laws on Wed Sep 01, 2010 at 07:51:25 PM EST
    MCL 168.395 provides:  "Whenever a candidate of a political party, after having been nominated to the office of justice of the supreme court or having filed an affidavit according to section 392a, shall die, withdraw, remove from the state, or become disqualified for any reason, the state central committee of any party which is thereby left without a candidate nominated or indorsed by that party shall meet forthwith and, by a majority vote of the members thereof, shall select a candidate to fill the vacancy thereby caused. The name of the candidate so selected shall be immediately certified by the chairman and the secretary of said committee to the secretary of state and to the board of election commissioners for each county, whose duty it is to prepare the official ballots, and said board shall cause to be printed or placed upon said ballots, in the proper place, the name of the candidate so selected to fill the vacancy."

    Now, clearly, this section did not contemplate the kind of allegiance-shift that Weaver did, becoming a de facto Democrat, while remaining nominally a Republican or an independent.  You could say that the Democrats all along had to nominate someone and that Weaver's resignation had no effect on that.

    But, the law provides two ways for an incumbent justice to be nominated -- by affidavit or by political party.  So MCL 168.393:  "Not more than 24 hours after the conclusion of the fall state convention, the state central committee of each political party shall convene and canvass the proceedings of the convention and determine the nominee or nominees of the convention for the office or offices of justice of the supreme court. Not more than 1 business day after the conclusion of the state convention, the chairperson and secretary of the state central committee shall forward by registered or certified mail to the secretary of state a typewritten or printed list of the names and residence, including the street address if known, of the candidate or candidates nominated at the convention for the office or offices of justice of the supreme court. The secretary of state shall forward a copy of a list received under this section to the board of election commissioners of each county, in care of the county clerk at the county seat. The name of each nominee on the list shall be printed upon a nonpartisan judicial ballot containing no party designation together with the names of incumbent justices filing an affidavit under section 392a."

    So, yes, he missed the affidavit deadline, but that is permissive, not mandatory.  He can still be nominated by his party without regard to the 180-day deadline.

    • It seems by JGillman, 09/01/2010 08:11:48 PM EST (none / 0)
    • In fact the line by JGillman, 09/01/2010 08:20:42 PM EST (none / 0)
    I believe a COA case in Bay County... (none / 0) (#7)
    by 2scarfs on Thu Sep 02, 2010 at 06:37:30 AM EST
    holds the answer.  There Granholm appointed a District Judge just days before the filing deadline this year (late April).  The apointee's challengers objected to her incumbency status, but the COA stated [paraphrasing] that once Jenny anoints you a judge, you are a judge on the ballot.

    A fun legal challenge... (none / 0) (#8)
    by RightMacomb on Thu Sep 02, 2010 at 09:07:40 AM EST
    This could be a fun challenge for the new court.  Use that statute mentioned at the beginning to challenge Davis being listed as an incumbent since he did not meet the 180 day requirement.

    Send that one up to the court...watch Davis have to abstain due to it affects him...court deadlocked for a few days.

    Unfortunately, any drama likes that just increases the name recognition of Davis...and therefore it not advised.

    Let's break this down... (none / 0) (#10)
    by jgillmanjr on Thu Sep 02, 2010 at 09:26:11 AM EST
    The form and manner is prescribed by law.

    The 180 day is hard coded into the State constitution.

    Statute can not trump the constitution. It seems pretty cut and dry.

    Display: Sort:


    Make a new account

    Tweet along with RightMichigan by
    following us on Twitter HERE!

    Related Links

    + Also by JGillman
    create account | faq | search